BADAM BAI Vs. DEVI LAL VERMA

JUDGEMENT

(1.) By this appeal, a challenge is made to the order dated 11th Sept., 2014 whereby the application under Sec. 11 of Hindu Marriage Act, 1955 (for short "Act of 1955 ") submitted by the non-appellant was allowed.

(2.) Learned counsel for the appellant submits that application under Sec. 11 of the Act of 1955 was submitted precisely on the ground that marriage between two parties did not take place. A reference of various litigations was given in the application to demonstrate that the appellant herein is trying to enforce the right treating herself to be wife of the non-appellant whereas marriage did not take place. Two issues were framed by the Court. The first issue was in reference to the ground taken in the application under Sec. 11 of the Act of 1955 and as to whether the non-appellant married to the appellant without divorce to her husband, who is alive, thus marriage to be declared as void.

(3.) Learned court found that marriage took place between the parties and at the same time, the appellant did not marry each other so as to make allegation about second marriage during life time of husband. Both the grounds were answered in favour of the appellant and against the non-appellant. The application under Sec. 11 of the Act of 1955 is yet allowed taking it to be a case that non-appellant himself was married to Kamla and without divorce, marriage with present appellant is void and accordingly, the application under Sec. 11 of the Act of 1955 was allowed.